Child Born in The UK to Non-British Parents

Key points about Child born in the UK to non-British parents

• Being born in the UK does not automatically make a child a British citizen. Whether a child is British at birth depends on their parents’ immigration status at the time of birth.
• A child who is not automatically a British citizen does not automatically receive a visa or permission to stay in the UK at birth. In most cases, the child should apply for immigration permission in line with their parents’ status.
• If a child born in the UK did not automatically become a British citizen at birth, they may be able to register as a British citizen later if they meet the requirements under British Nationality Act 1981. This may include situations where a parent becomes British or settled while the child is under 18, or where the child lives in the UK continuously until the age of 10.

Does a child born in the UK to non-British parents automatically become a British citizen?

A child born in the UK to non-British parents does not always automatically become a British citizen. A child born in the UK will only be a British citizen at birth if, at that time, at least one parent is a British citizen or is settled in the UK. Being settled means holding Indefinite Leave to Remain (ILR) or another form of settled status.

For EU and EEA parents, whether a parent counts as settled usually depends on whether they obtained settled status under the EU Settlement Scheme (EUSS). A parent with pre-settled status is not usually treated as settled for these purposes. However, a parent who was living in the UK before 1 July 2021, and who applied for settled status before that date, is generally treated as settled. If an EU/EEA parent applied for settled status on or before 30 June 2021, but it was still being processed when their baby was born, the child automatically received British citizenship as soon as the parent’s application was officially approved.

A child born in the UK to asylum-seeking parents is not automatically a British citizen. Being born in the UK does not, by itself, give a child British citizenship. Their nationality depends on the immigration status of their parents at the time of their birth, not on where they were born.

What visa does a child born in the UK to non-British parents need?

A child who is not automatically a British citizen does not receive a visa or leave to remain automatically at birth. In most cases, the child should apply for permission to stay in the UK in line with their parents.

Leaving a child without any legal immigration status can cause real problems. These include possible NHS charging issues in some circumstances, gaps in lawful residence that could affect future applications, and complications when travelling internationally and returning to the UK.

The type of permission the child can apply for depends on the parents’ immigration status. For example:

• If the parents hold a Skilled Worker visa, the child may be eligible to apply as a dependant child under Appendix Skilled Worker
• If a parent holds a Student visa as a PhD student or on a research-based postgraduate course, the child may be eligible to apply as a Student visa dependant

Each case is different. It is important to check the rules that apply to the specific visa route the parents are on before making any application for the child.

How can a child born in the UK to non-British parents get British citizenship?

If a child born in the UK did not automatically become a British citizen at birth, they may be able to register as one later. The main routes are where:

• A parent becomes British or settled while the child is under 18
• The child has lived in the UK continuously for the first 10 years of their life
• Discretionary registration in more complex cases, and
• Other less common routes under the British Nationality Act 1981

A parent becomes British or settled while the child is under 18

A child born in the UK is entitled to register as a British citizen if, while they are still under 18, one of their parents becomes a British citizen or becomes settled in the UK. The child must also be of good character if they are aged 10 or over at the time of the application. An application for registration must be made before the child turns 18.

The child lives in the UK continuously until age 10

A child born in the UK is entitled to register as a British citizen if they have lived in the UK for the first 10 years of their life. To qualify, the child must not have been outside the UK for more than 90 days in each of those 10 years. The child must also be of good character at the time of the application. This route is available even if neither parent ever becomes settled or British.

Discretionary registration

The Secretary of State can use their discretion to register a child as a British citizen even where the child does not meet the requirements of any entitlement route. This route is for more complex cases where there is a good reason to grant citizenship, but the child does not otherwise qualify. The Home Office will look at factors such as the child’s length of residence in the UK, their ties to the UK, and the circumstances of the parents. There is no guarantee of success, and each application is considered on its own facts.

Other less common registration routes

There are a small number of additional registration routes under the British Nationality Act 1981 that apply in specific circumstances. These include:

• Children of members of the UK armed forces: A child born in the UK on or after 13 January 2010 is automatically a British citizen if, at the time of their birth, either parent is a member of the armed forces. Separately, a UK born child who was not British at birth may be entitled to register if, while the child is under 18, a parent later becomes a member of the UK armed forces.
• Stateless children: A child born in the UK who would otherwise be stateless may be entitled to register as a British citizen, provided they have lived in the UK for the first five years of their life and have not been absent for more than 450 days during that period.

For more information, read our full guidance to registering a child as a British citizen.

How to register a child as a British citizen

Most applications to register a child as a British citizen are made using Form MN1, which is submitted to UK Visas and Immigration. Supporting documents will be required with the application. The exact documents depend on the registration route being used, but examples include:

• The child’s full birth certificate
• The parents’ passports or travel documents
• Evidence of a parent’s settled status, such as an ILR stamp, a biometric residence permit, or a Home Office letter confirming settled status under the EU Settlement Scheme
• Evidence of the child’s residence in the UK, such as school records, NHS registration, or letters from a GP, and
• The child’s passport, if they hold one

Children under the age of 18 do not usually need to attend a citizenship ceremony. However, if the child is aged 10 or over at the time of the application, the Home Office will assess whether they are of good character.

If the application involves complex circumstances, such as a previous immigration history, gaps in lawful residence, or disputed parentage, legal advice from an immigration lawyer will ensure you submit the strongest possible application and avoid delays or refusals.

References:

GOV.UK: Apply for citizenship if you were born in the UK

GOV.UK: Registration as British citizen: children

GOV.UK: Form MN1